Robinson v. Phillips

CARROLL, Judge.

Plaintiff in a mortgage foreclosure suit appeals from' an order subsequent to final decree setting aside a foreclosure sale and directing resale.

*198The final decree had determined that J. O. Phillips as trustee in bankruptcy for one Elry Stone held a lien on the property equal in dignity to that of the plaintiff, and that plaintiff and the trustee should share the proceeds of sale in proportion to the amounts due them ($4,311.68 and $3,120 respectively), approximately 58% to the plaintiff and 42% to the trustee in bankruptcy. The final decree ordered sale of the property on a…